Losing someone is always hard, but losing them because of someone else’s mistake or negligence is even worse. Living in Fresno means you get to benefit from the California law, which gives victims the right to seek compensation, not as a way to replace their loved one, but to help the family survive the financial and emotional hit that comes with an unexpected death.
Fresno, located in the heart of California’s Central Valley, is a growing city with busy highways, agricultural industries, and expanding suburbs—all of which contribute to a higher risk of fatal accidents. Despite its strong community values, wrongful deaths still happen here, often catching families off guard.
If you’re filing in Fresno, you can ask for help with funeral and burial costs as long as they’re considered reasonable. That means not over-the-top, but enough to give your loved one a respectful farewell. You can also recover the income your loved one would have earned if they were still alive. This includes what they were making at the time of their death and what they were likely to earn in the future based on their job, skills, and age.
In some cases, if the person who caused the death acted with extreme recklessness or malicious intent, punitive damages might also apply. A Fresno wrongful death attorney can help you achieve all of these and more.
Who Can File a Wrongful Death Claim in California?
Not everyone is allowed to file a wrongful death lawsuit, and that’s important to understand upfront.
California has clear rules under its Code of Civil Procedure 377.60. First in line are the people closest to the person who passed away, i.e., the spouses, domestic partners, and children. If none of those people exist or are able to sue, then others who were financially dependent on the deceased can step in. This includes parents, siblings, and stepchildren.
What matters most is that you had a close connection to the person and were directly affected by their death, emotionally, financially, or both. If you’re unsure whether you qualify, a wrongful death attorney can help you figure that out quickly and clearly.
How Is Wrongful Death Compensation Calculated?
Everyone doesn’t receive a set amount. Every wrongful death case in California is different, and how much compensation is awarded depends on many different things.
One of the first things courts look at is how much money the deceased was earning and how much they were expected to earn in the future. A young person with a long career ahead of them may lead to a higher settlement than someone older or retired. Courts even use tools like life expectancy charts and financial forecasts to help figure this out.
The court will also consider the kind of relationship you had with the person who passed away. For example, a spouse who relied on their partner’s income might be entitled to more than a distant relative who didn’t depend on them financially or emotionally.
Emotional impact also matters. The court takes into account how deeply the loss affected you, especially when it comes to things like companionship, emotional support, and the role your loved one played in your life.
Finally, the quality of your evidence can seriously affect the amount of compensation. The stronger your proof, which is usually a compilation of documents, medical records, psychological reports, or financial statements, the better chance you have of receiving the full amount you’re entitled to.
How Compensation is Paid Out
Once a wrongful death claim is settled, the money can be paid out in a few different ways.
The most straightforward method is a lump-sum payment. This is one single payment that covers the entire amount of the settlement. A lot of families choose this because it gives them quick access to the money they need, especially if they’re dealing with bills, debts, or urgent expenses.
Another option is a structured settlement. Instead of one big payment, the money comes in smaller parts over time, like monthly or yearly. This is great for managing long-term financial needs and can sometimes help with taxes, too.
There’s also something called partial payments. You get some money upfront and the rest later. It’s a mix between a lump sum and a structured plan.
In situations involving kids or people who can’t manage their own money, a trust fund might be set up. This way, the money is protected until the person is old enough or able to handle it. A trustee is in charge of making sure the money is used the right way for things like school, health, or other important needs.
Sometimes, families choose a combination of all these options. For example, they might take a lump sum to cover immediate costs and then set up structured payments for the future. This kind of flexibility helps families build stability after such a major loss.
How Is Compensation Divided Between Family Members?
When multiple people are eligible to receive compensation, dividing it can get a bit complicated.
Some states have strict rules about how to divide the money based on each person’s relationship to the deceased. But in California, if there’s no agreement, a judge can step in and decide what’s fair. That could mean a spouse receives a larger share than adult children, especially if they were financially dependent on the person who passed away.
The court looks at each person’s loss, both financial and emotional, and tries to distribute the compensation in a way that reflects that. This part of the process can sometimes cause disagreements between family members, so it’s really helpful to have a strong legal team that knows how to handle these conversations and keep things respectful and organized.
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